The couple filed suit against Gawker Media for more than $1 million, claiming copyright infringement, People reported.

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In the lawsuit, Dane, 36, and Gayheart, 38, argue that Gawker’s editors were warned in advance of publication last month that the video would violate privacy laws, but “went on to maliciously distribute an uncensored copy” anyway on Defamer.com.

The 12-minute film shows the trio filmed in the buff at Peniche’s apartment discussing what their porn names would be.

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"My dog growing up was called Cocaine, and I lived on Manor Drive, so I'm Cocaine Manor," Dane says in the video. Gayheart is seen topless, saying how she needs to lie down because she's so high.

After the video exploded online, Peniche’s manager told Usmagazine.com it was “all done in good fun," and shouldn’t be called a sex tape.

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Gawker’s publisher, Nick Denton, posted a defiant message on Twitter in response to news of the lawsuit.

"To quote the great Marty Singer – Eric Dane's lawyer – if you don't want a sex tape on the internet, 'don't make one!'" he tweeted.